[Federal Register Volume 60, Number 228 (Tuesday, November 28, 1995)]
[Rules and Regulations]
[Pages 58512-58514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28887]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 776 and 799

[Docket No. 951002244-5244-01]
RIN 0694-AB08


Foreign Policy Controls: Specially Designed Implements of Torture

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Export Administration (BXA) is amending the 
Export Administration Regulations (EAR) by expanding foreign policy 
controls on specially designed implements of torture. Previously, such 
implements were controlled under ECCN 0A82C of the Commerce Control 
List, along with handcuffs, police helmets and shields, as crime 
control and detection commodities. As such, they did not require a 
validated license for export to member countries of the North Atlantic 
Treaty Organization (NATO), Australia, Japan or New Zealand. This rule 
creates a new CCL entry requiring a validated license for export of 
specially designed implements of torture to all destinations, including 
Canada. Applications for such exports will continue to be subject to a 
general policy of denial.

EFFECTIVE DATE: This rule is effective November 28, 1995.

FOR FURTHER INFORMATION CONTACT: Joan Roberts, Office of Strategic 
Trade and Foreign Policy Controls, Bureau of Export Administration, 
Department of Commerce, Washington, DC 20230, Telephone: (202) 482-
0171.

SUPPLEMENTARY INFORMATION:

Background

    This rule expands controls on specially designed implements of 
torture, by moving them from Export Commerce Control Number (ECCN) 
0A82C to a new ECCN, 0A83D, and requiring a validated license to all 
destinations, including Canada. Such items will continue to be subject 
to a general policy of denial to all destinations. This policy is 
described in a new section, Sec. 776.19, and Sec. 776.14 has been 
revised to eliminate references to implements of torture.
    Please note that the CCL entries controlled for reasons of Crime 
Control added in the revision of Sec. 776.14 do not constitute an 
expansion of control. The additional entries merely extend the control 
to product groups (i.e., software, technology) within previously 
existing CCL categories. This completes a process begun in September 
1991 by the issuance of the new Commerce Control List and its revised 
numbering and categorization schemes.
    Although the Export Administration Act of 1979 (EAA) expired on 
August 20, 1994, the President invoked the International Emergency 
Economic Powers Act and determined that, to the extent permitted by 
law, the provisions 

[[Page 58513]]
of the EAA, as amended, shall be carried out under Executive Order 
12924 of August 19, 1994, and notice of August 15, 1995 (60 FR 42767), 
so as to continue in full force and effect and amend, as necessary, the 
export control system heretofore maintained by the Export 
Administration Regulations issued under the EAA. Under a policy of 
conforming actions under the Executive Order to those under the EAA, 
insofar as appropriate, the Department of Commerce notified the 
Congress of this expansion of foreign policy controls on November 20, 
1995.

Rulemaking Requirements

    1. This rule has been determined to be not significant for purposes 
of E. O. 12866.
    2. This rule involves collections of information subject to the 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These 
collections have been approved by the Office of Management and Budget 
under Control Numbers 0694-0005, 0694-0007, and 0694-0010.
    3. This rule does not contain policies with Federalism implications 
sufficient to warrant preparation of a Federalism assessment under 
Executive Order 12612.
    4. Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule by section 
553 of the Administrative Procedure Act (5 U.S.C. 553) or by any other 
law, under section 3(a) of the Regulatory Flexibility Act (5 U.S.C. 
603(a) and 604(a)) no initial or final Regulatory Flexibility Analysis 
has to be or will be prepared.
    5. The provisions of the Administrative Procedure Act, 5 U.S.C. 
553, requiring notice of proposed rulemaking, the opportunity for 
public participation, and a delay in effective date, are inapplicable 
because this regulation involves a foreign and military affairs 
function of the United States. Further, no other law requires that a 
notice of proposed rulemaking and an opportunity for public comment be 
given for this rule.
    Therefore, this regulation is issued in final form. Although there 
is no formal comment period, public comments on this regulation are 
welcome on a continuing basis. Comments should be submitted to Hillary 
Hess, Office of Exporter Services, Regulatory Policy Division, Bureau 
of Export Administration, Department of Commerce, P.O. Box 273, 
Washington, DC 20044.

List of Subjects in 15 CFR Parts 776 and 799

    Exports, Reporting and recordkeeping requirements.

    Accordingly, Parts 776 and 799 of the Export Administration 
Regulations (15 CFR Parts 730-799) are amended as follows:

PART 776--[AMENDED]

    1. The authority citation for 15 CFR Part 776 continues to read as 
follows:

    Authority: Pub. L. 264, 59 Stat. 619 (22 U.S.C. 287c), as 
amended; Pub. L. 90-351, 82 Stat. 197 (18 U.S.C. 2510 et seq.), as 
amended; Pub. L. 95-223, 91 Stat. 1626 (50 U.S.C. 1701 et seq.); 
Pub. L. 95-242, 92 Stat. 120 (22 U.S.C. 3201 et seq. and 42 U.S.C. 
2139a); Pub. L. 96-72, 93 Stat. 503 (50 U.S.C. App. 2401 et seq.), 
as amended; Pub. L. 102-484, 106 Stat. 2575 (22 U.S.C. 6004); sec. 
125, Pub. L. 99-64, 99 Stat. 156 (46 U.S.C. 466c); E.O. 12002 of 
July 7, 1977 (42 FR 35623, July 7, 1977), as amended; E.O. 12058 of 
May 11, 1978 (43 FR 20947, May 16, 1978); E.O. 12214 of May 2, 1980 
(45 FR 29783, May 6, 1980); E.O. 12867 of September 30, 1993 (58 FR 
51747, October 4, 1993); E.O. 12868 of September 30, 1993 (58 FR 
51749, October 4, 1993); E.O. 12918 of May 26, 1994 (59 FR 28205, 
May 31, 1994); E.O. 12924 of August 19, 1994 (59 FR 43437, August 
23, 1994); E.O. 12938 of November 14, 1994 (59 FR 59099 of November 
16, 1994); and Notice of August 15, 1995 (60 FR 42767).

PART 799--[AMENDED]

    2. The authority citation for 15 CFR Part 799 continues to read as 
follows:

    Authority: 50 U.S.C. App. 5, as amended; Pub. L. 264, 59 Stat. 
619 (22 U.S.C. 287c), as amended; Pub. L. 90-351, 82 Stat. 197 (18 
U.S.C. 2510 et seq.), as amended; sec. 101, Pub. L. 93-153, 87 Stat. 
576 (30 U.S.C. 185), as amended; sec. 103, Pub. L. 94-163, 89 Stat. 
877 (42 U.S.C. 6212), as amended; secs. 201 and 201(11)(e), Pub. L. 
94-258, 90 Stat. 309 (10 U.S.C. 7420 and 7430(e)), as amended; Pub. 
L. 95-223, 91 Stat. 1626 (50 U.S.C. 1701 et seq.); Pub. L. 95-242, 
92 Stat. 120 (22 U.S.C. 3201 et seq. and 42 U.S.C. 2139a); sec. 208, 
Pub. L. 95-372, 92 Stat. 668 (43 U.S.C. 1354); Pub. L. 96-72, 93 
Stat. 503 (50 U.S.C. App. 2401 et seq.), as amended; Pub. L. 102-
484, 106 Stat. 2575 (22 U.S.C. 6004); sec. 125, Pub. L. 99-64, 99 
Stat. 156 (46 U.S.C. 466c); E.O. 11912 of April 13, 1976 (41 FR 
15825, April 15, 1976); E.O. 12002 of July 7, 1977 (42 FR 35623, 
July 7, 1977), as amended; E.O. 12058 of May 11, 1978 (43 FR 20947, 
May 16, 1978); E.O. 12214 of May 2, 1980 (45 FR 29783, May 6, 1980); 
E.O. 12867 of September 30, 1993 (58 FR 51747, October 4, 1993); 
E.O. 12918 of May 26, 1994 (59 FR 28205, May 31, 1994); E.O. 12924 
of August 19, 1994 (59 FR 43437, August 23, 1994); E.O. 12938 of 
November 14, 1994 (59 FR 59099 of November 16, 1994); and Notice of 
August 15, 1995 (60 FR 42767).

    3. Section 776.14 is amended by revising the section heading and by 
revising paragraph (a) to read as follows:


Sec. 776.14  Crime control and detection items.

    (a) Export license requirements. Pursuant to section 6(n) of the 
Export Administration Act of 1979, an individual validated export 
license is required for foreign policy purposes to export crime control 
and detection instruments and equipment and related software and 
technology, except that authorized under General License GTDA 
(Sec. 779.3 of this subchapter) to any destination except Australia, 
Belgium, Canada, Denmark, France, Germany, Greece, Iceland, Italy, 
Japan, Luxembourg, the Netherlands, New Zealand, Norway, Portugal, 
Spain, Turkey or the United Kingdom. Items affected by this requirement 
are identified on the Commerce Control List under Export Control 
Classification Numbers (ECCNs) 1A84, 3A80, 3A81, 3D80, 3E80, 4A03 
(fingerprint computers only), 4A80, 4D01 (software for the 
``development'', ``production'', or ``use'' of fingerprint computers 
only), 4D80, 4E01 (technology for the ``development'', ``production'', 
or ``use'' of fingerprint computers only), 4E80, 6A02 (police-model 
infrared viewers only), 6E01 (technology for the ``development'' of 
police-model infrared viewers only), 6E02 (technology for the 
``production'' of police-model infrared viewers only), 9A80, 0A82, 0A84 
and 0E84. Applications for items controlled under this paragraph (a) 
will generally be considered favorably on a case-by-case basis unless 
there is evidence that the government of the importing country may have 
violated internationally recognized human rights and that the judicious 
use of export controls would be helpful in deterring the development of 
a consistent pattern of such violations or in distancing the United 
States from such violations.
* * * * *
    4. Section 776.19 is added to read as follows:


Sec. 776.19  Implements of torture.

    Pursuant to section 6 of the Export Administration Act of 1979, an 
individual validated export license is required to export specially 
designed implements of torture controlled by 0A83 to all destinations, 
including Canada. Applications for such licenses will generally be 
denied to all destinations.

Supplement No. 1 to Sec. 799.1  [Amended]

    5. In Supplement No. 1 to Sec. 799.1 (the Commerce Control List), 
Category 10, Miscellaneous, ECCN 0A82C is revised to read as follows:

 
[[Page 58514]]

0A82C  Saps; thumbcuffs, leg irons, shackles, and handcuffs; straight 
jackets, plastic handcuffs, police helmets and shields; and parts and 
accessories, n.e.s.
Requirements
    Validated License Required: QSTVWYZ, except NATO, Australia, New 
Zealand and Japan.
    Unit: $ Value.
    Reason for Control: FP (see Notes).
    GLV: $0.
    GCT: No.
    GFW: No.

    Notes: 1. FP controls for crime control (human rights) apply to 
items controlled by 0A82 (see Sec. 776.14 of this subchapter).
    2. These items are subject to the United Nations Security 
Council arms embargo against Rwanda described in Sec. 785.4 (a) of 
this subchapter.
    6. In Supplement No. 1 to Sec. 799.1 (the Commerce Control List), 
Category 10, Miscellaneous, a new ECCN 0A83D is added to read as 
follows:

0A83D  Thumbscrews and specially designed implements of torture; and 
parts and accessories, n.e.s.
Requirements
    Validated License Required: QSTVWYZ and Canada.
    Unit: $ Value.
    Reason for Control: FP (see Note).
    GLV: $0.
    GCT: No.
    GFW: No.

    Dated: November 21, 1995.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 95-28887 Filed 11-27-95; 8:45 am]
BILLING CODE 3510-DT-P